FREE STANDARD SHIPPING TO CANADA & US ON ORDERS OVER $150

Please note: Our offices are closed June 21-30ᵗʰ and orders will be shipped on July 1st

Terms & Conditions

 

Date of Last Revision:  July 24, 2021

 

OVERVIEW 

This website is operated by A Notch Above Media & Publishing. Throughout the site, the terms “we”, “us” and “our” refer to A Notch Above Media & Publishing. A Notch Above Media & Publishing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. EACH TIME YOU ACCESS OR USE OUR SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THEN-APPLICABLE TERMS. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Any new features or tools which are added to the current store shall also be subject to these Terms of Service.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

 

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of in your country of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not access or use these Services if you are barred from receiving them under these Terms or the laws of Canada or any other applicable jurisdiction. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

By accessing or using these Services, you warrant that you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise legally able to bind yourself to these Terms) or you have obtained permission from your parent or guardian and otherwise meet the eligibility criteria set forth above.

You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 


SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You may be required to provide registration information in order to access our Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contact information for a parent or guardian.

Our Services and any user names or passwords you use to access our Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to nor share it with any other party. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches. Although A Notch Above Media & Publishing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to A Notch Above Media & Publishing or others due to such unauthorized use.

We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, exploit or otherwise distribute any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 


SECTION 3 - A NOTCH ABOVE MEDIA & PUBLISHING; A CONSENT TO ELECTRONIC COMMUNICATIONS

By using our Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the A Notch Above Media & Publishing Services and may include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. 


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

SECTION 5 - CONTENT

A Notch Above Media & Publishing Services may include content and other materials supplied by us and third parties (“Content”). As between us and you, we own all rights in our Services and Content (subject to Section 12 Sale of Products by a Notch Above Media & Publishing). Nothing grants you any rights in our Services or Content except as set forth in these Terms, including applicable Additional Terms.

The availability of Content on our Services may change from time to time and from place to place. You consent to us and our third party providers determining your geographic location for purposes of providing our Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.

Some aspects of the display of Content (e.g., high definition for videos, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.

Our Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of our Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of our Services. We have the right to suspend or terminate access to our Services and your accounts on our Services, including due to a violation of these Terms.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile device or any other device from which you access our Services, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

SECTION 6 – OPTIONAL TOOLS & INFORMATION

We may provide you with access to third-party tools and information over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party resources.

Any use by you of optional resources offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which resources are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 7 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 


SECTION 9 - PRODUCTS OR SERVICES (if applicable) 


We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

 

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 


SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 11 – PRICING, ORDERS, PAYMENTS AND CREDITS

We provide some of our Services and Products to you free of charge and other Services and Products require payment. We may charge a fee for any portion of our Services. You must be at least the age of majority or have obtained permission from your parent or guardian in order to make any purchases of, on or through our Services. We will provide you with advance notice of all service fees we charge and any changes to our fees. If you continue to use our Services after a fee has been imposed or increased, you agree to pay the fee or increase. Prices for our Products are subject to change without notice.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.

Some of our Services may require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.

When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.

If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to our Services.

  1. Payment Processors

When you purchase our Services, you may be required to provide personal information to an independent third party payment processor, as further described in our Privacy Policy. If the payment processor is responsible for the treatment of your personal information, the collection, transmission and processing of your personal information will be governed by that payment processor’s privacy policy. We are not responsible for any damages relating to your placement of an order with a payment processor and, except as otherwise agreed, we will not provide refunds for such purchase. You are responsible for all such transactions and any associated charges. In addition, if a payment processor experiences a data breach that affects your information, we will not be responsible for such breach.

  1. Promotional Codes

Promotional codes for certain Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.

  1. Trial Periods

We may provide a limited free trial period (“Trial Period”) to certain users regarding certain Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms.

If we provide you with a Trial Period, then you must provide valid payment method information in order to use the applicable Services during the Trial Period. We will not charge you for those Services subject to a Trial Period. If you do not cancel the applicable Services by the end of your Trial Period, you authorize us to automatically charge your payment method for applicable Services subsequent to the Trial Period (e.g., for each of the following payment periods for a subscription Service until terminated). WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for a Service before you must begin paying for that Service. If you exceed this limit, we may charge your chosen payment method for any subsequent use of the Service or suspend your use of the Services, in our sole discretion.

 

SECTION 12 – SALE OF PRODUCTS BY A NOTCH ABOVE MEDIA & PUBLISHING

Our Services allows users who comply with the Terms of Use to buy certain goods from A Notch Above Media & Publishing. To order a product, you will need to follow the ordering procedures set out on our order page. Details of our prices for the goods and the procedures for payment and delivery are displayed on our order page.

Prices are subject to change without notice. Any times or dates stated by us for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time. You must pay for items purchased from us by credit card or through Paypal or by other methods specified on our Services from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes. We are entitled to refuse any order placed by you for any reason. If your order is accepted by us, we will confirm acceptance to you by online electronic means to the e-mail address you have provided. You undertake that all details you provide to us for the purpose of purchasing goods from us will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods.

We reserve the right to obtain validation of your credit card details before providing you with any goods. We will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please see Section 14 – Returns Policy.

 

SECTION 13 – SHIPPING POLICY

  1. Shipping Fees

 Shipping fees are calculated and displayed prior to checkout.

For further information on our shipping policies please see our Shipping page. The place for delivery of the Goods will be agreed between us and you during the checkout process, which may be an address other than billing address. We offer standard delivery to anywhere in United States or Canada. We can, at our sole discretion, accept orders from individuals located in those otherwise exempted areas, subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order prior to agreeing to the additional shipping charges in case these costs are not acceptable. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and we will not be liable for delays in shipping.

 

  1. Time of delivery

Available items will be charged and dispatched within one business day of placing the order of in stock items. Out of stocks items will be shipped within one business day of restocking the item. The time of delivery is 12 to 14 working days. Please note that these delivery times are approximate values stated by our delivery partners and cannot be guaranteed. Backorders will be charged and dispatched as soon as they are available.
Please note that we cannot deliver to US Post Office boxes or US Military addresses such as APO/FPO.

  1. Duties and Taxes

Items ordered for delivery outside of Canada may be subject to import duties and/or additional taxes or expenses. You are responsible for payment of any such duties and/or additional taxes.

Unfortunately, we have no control over these charges and cannot predict their amount. We recommend contacting your local customs office or taxation authority for more information before placing your order.

 

SECTION 14 -Return Policy

Customer satisfaction is very important to A Notch Above Media & Publishing. Please feel free to contact us prior to your purchase with any questions or concerns you may have.

 All printed and digital publications are not refundable.

Exchanges or substitutions for purchased items are not accepted. If the content of your order is incorrect, or if it arrives damaged, you are eligible for a replacement product and reimbursement of regular shipping costs to return the item. Concerns regarding an order must be forwarded to customerservice@ultimatedraftingseries.com within 7 days of receipt of the order. For damaged items, include images of the damage and description of the issue.  Only returns that have been authorized by A Notch Above Media & Publishing will be accepted. Returned items must be in the same condition they were received in and include the original invoice.

Once your return is received and inspected, you will be sent an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your replacement product,

If you are approved, then your replacement product will be processed and sent to you.

To return your incorrect or damaged product, you should mail your product to:

A Notch Above Media and Publishing

1630 Danforth Avenue   PO Box 72078

Toronto   ON   M4C 0A1   Canada

 

Authorized replacement items must be returned using a trackable shipping service. A Notch Above Media and Publishing is not responsible for items lost during transit.

SECTION 15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 


SECTION 16 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. For more information see our Privacy Policy


SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

You may not make any uses of the A Notch Above Media & Publishing Services except as specifically authorized by us in writing and you may not use our Services in violation of any applicable laws or regulations. Except as expressly authorized by us in writing, you may not copy, download, stream, capture, reproduce, duplicate, modify, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit our Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use our Service for any business or commercial purposes or otherwise build a business based on any portion of our Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in our Services; (ii) any digital rights management, content protection or access control measure associated with our Services; or (iii) any advertisement on our Services. You may not use any software or services in connection with our Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. In no event shall any Content or User Content be used for any website, application or publication of any sort which is competitive with our Services. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of A Notch Above & Media and/or the our Services.

You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.

We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

  

SECTION 18 - ADVERTISING

We take no responsibility for third party advertisements served on or through our Services or for any of the goods or services provided by those advertisers.

 

SECTION 19- DEVICES AND CHARGES

We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with our Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use our Services. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.

You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use our Services. You are responsible for any charges incurred in obtaining access to our Services. Please check with your ISP for information on possible data usage charges.

 

SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We make no warranties or representations as to our Services (which, for purposes of this Section 720 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, completeness, security or otherwise. We cannot and do not guarantee any outcomes from your use of our Services and disclaim any liability in the event of any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, information provided, skills learned or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall A Notch Above Media & Publishing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any third party for any injury, loss, claim or any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost revenues, lost savings, lost data, replacement costs, loss of goodwill) or any damages whatsoever that result from your use of or inability to use our services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even it A Notch Above Media and Publishing have been advised of the

possibility of such damage. You specifically acknowledge and agree that each of the A Notch Above Media & Publishing parties shall not be liable for any defamatory, offensive or illegal conduct of any user of the our services. Because some provinces or states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 



SECTION 21 - INDEMNIFICATION 

 

You agree to indemnify, defend and hold harmless A Notch Above Media & Publishing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs(a) arising out of or related to any breach of these Terms and/or (b) any misrepresentation made by you in connection with your use of our Services or made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party). 


SECTION 22 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 23 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, subject to all applicable Additional Terms.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement: including your passwords, account (or any part thereof), subscription (if applicable) or your access to or use of A Notch Above Media & Publishing Services, or remove and discard any User Content, with prior notice, without liability, for any reason or no reason and at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

Termination, suspension or cancellation of the Terms or your access to our Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate

and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the our Services is terminated by us or by you, these Terms shall remain in full force and effect with respect to your past and future use of the A Notch Above Media & Publishing Services.

 

 

SECTION 24 – INFRINGEMENT POLICY

The A Notch Above Media & Publishing Services, content and other materials are protected by copyrights, trademarks or proprietary rights; including logos or other images. We reserve the right, but without obligation, to terminate your use of our Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

 

SECTION 25 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 


These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 26 - GOVERNING LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario. Canada. 


SECTION 27 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 28 - CONTACT INFORMATION 


Questions about the Terms of Service should be sent to us at

 customerservice@ultimatedraftingseries.com

 

A Notch Above Media and Publishing

1630 Danforth Avenue   PO Box 72078

Toronto   ON   M4C 0A1   Canada

 

 

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